MALLORY V. UNITED STATES, 354 U. S. 449 (1957)

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U.S. Supreme Court

Mallory v. United States, 354 U.S. 449 (1957)

Mallory v. United States

No. 521

Argued April 1, 1957.

Decided June 24, 1957

354 U.S. 449


Petitioner was convicted in a Federal District Court of rape, and sentenced to death after a trial in which there was admitted in evidence a confession obtained under the following circumstances: he was arrested early in the afternoon, and was detained at police headquarters within the vicinity of numerous committing magistrates. He was not told of his right to counsel or to a preliminary examination before a magistrate, nor was he warned that he might keep silent and that any statement made by him might be used against him. Not until after petitioner had confessed, about 9:30 p.m., was an attempt made to take him before a committing magistrate, and he was not actually taken before a magistrate until the next morning.

Held: this was a violation of Rule 5(a) of the Federal Rules of Criminal Procedure, which requires that an arrested person be taken before a committing magistrate "without unnecessary delay," and the conviction is reversed. McNabb v. United States, 318 U. S. 332; Upshaw v. United States, 335 U. S. 410. Pp. 354 U. S. 449-456.

98 U.S.App.D.C. 406, 236 F.2d 701, reversed and remanded.

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